EMTALA and Patient Intake

Course

The Emergency Medical Treatment and Labor Act (EMTALA) is a federal law requiring that hospitals participating in Medicare to provide certain emergency procedures for all individuals, regardless of cost.

The EMTALA and Patient Intake course will give healthcare providers a better understanding of this act. Hospitals should provide patients with emergency medical conditions with appropriate screening immediately.

Hospitals must treat all patients with emergency medication conditions. If they are not able to adequately stabilize the patient, healthcare workers may transfer the individual to a more equipped hospital.

What You’ll Learn

  • Overview of EMTALA 
  • Overview of COBRA
  • Basic requirements 
  • How to enforce EMTALA
  • HCFA actions 

Details

Course length: 30 minutes.

Languages: American English

Key features: Audio narration, learning activity, and post-assessment

ACCME Accreditation

American Medical Compliance is accredited by the Accreditation Council for Continuing Medical Education (ACCME) to provide continuing medical education to physicians. Our Continuing Medical Education (CME) program is committed to enhancing the knowledge, skills, and professional performance of healthcare providers to improve patient care outcomes. Through high-quality educational activities, we aim to address the identified educational gaps and to support the continuous professional development of our medical community. American Medical Compliance designates this activity for a maximum of 0.5 AMA PRA Category 1 Credits. Physicians should only claim this credit for their complete participation in this activity. 

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Why Is EMTALA Needed?

Congress passed EMTALA in 1986 as a part of the Consolidated Omnibus Reconciliation Act (COBRA). This act aimed to address the growing health problem of patient dumping. Patient dumping refers to situations in which hospitals neglect to screen or treat patients appropriately.

COBRA states that hospitals participating in Medicare MUST provide medical screenings to any individual who comes into the emergency department complaining of a condition. Additionally, hospitals must appropriately stabilize emergency medical conditions when identified. Healthcare workers should provide these services even if an individual cannot pay for these services.

Fundamental Requirements 

Each hospital’s Medicare provider agreement contains the specific requirements of EMTALA. The Health Care Financing Administration (HCFA) has released several requirements for hospitals. Examples of these include providing medical screenings and necessary stabilization to a patient suffering from an emergency condition. 

Additionally, hospitals may transfer patients only in appropriate situations. There are also several organizational components of this act that hospitals must implement. For example, healthcare workers should regularly maintain on-call rosters and patient transfer records, as well as an overarching central log. Report any violations of EMTALA to the HCFA. This course also describes the consequences of failing to comply with these requirements. 

EMTALA Enforcement

The HCFA and the Office of the Inspector General (OIG) enforce EMTALA in hospitals. Here are some examples of their specific roles:

 
The HCFA will manage investigations regarding patient dumping. Several survey agencies will do a thorough review to determine if a violation has occurred. The Office of Counsel to the Inspector General will assign any monetary penalties to the hospitals or physicians. Additionally, other organizations may aid in peer reviewing the results of the investigation. 
 
To limit the number of violations, HCFA and OIG released several recommendations for maintaining EMTALA compliance. This training will provide more information on these recommendations. 
 
There are also several recommendations from external parties regarding better enforcement of this act. The current enforcement is characterized as inconsistent, which is due to the decentralized nature of enforcement. Therefore HCFA should consider monitoring the conduct of facilities more closely. Additionally, regulations should be consolidated so that healthcare providers can implement them easier. Lastly, time frames and deadlines should be set to ensure that actual action is being taken. 
 

Collection of and Access to EMTALA Data

To better regulate healthcare facilities’ EMTALA compliance, the HCFA must improve their data collection methods. Currently, the administration does not receive aggregate data on complaints of violations. 

Therefore, it has been extremely difficult to accurately assess the prevalence of patient dumping in hospitals. Other third-party organizations should also have access to complaint data so that outcomes can be reviewed. Lastly, all cases must be peer-reviewed before the alleged complaint is terminated. 

Technical Advisory Group

There is currently no workgroup providing recommendations on EMTALA regulations and enforcement. This has led to growing questions regarding the use and application of this act. It is extremely complex and asks a lot of hospitals and physicians. Therefore, a technical advisory board should be established to represent perspectives from a variety of organizations. This course discusses the implementation of a technical advisory group at greater length. 

The benefit of a technical advisory group is that it could help resolve any issues that relate to EMTALA compliance. For example, there is currently an abundance of inconsistencies between State and Federal medical law. Specifically, topics such as abortion have emphasized the importance of clear enforcement. Please refer to this training for more information on managing requirements in a variety of extraordinary situations.

EMTALA Waivers

EMTALA waivers are essential for hospitals. They give hospitals permission to direct or relocate individuals to more appropriate facilities. Transfers are allowed only if it’s completely necessary due to the patient’s emergency condition. Stabilization requirements may also be waived for hospitals.

Such examples of situations where the requirements may be waived include if there is a national emergency or disaster. Additionally, if a Public Health Emergency has been declared, hospitals may waive these requirements. Learn more about EMTALA waivers by taking this course. 

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